Bouncing Zabaglione Bros.
Legend
What you're suggesting will require a substantial overhaul to the whole system of how patents are issued (although that might not be such a bad idea at any rate).
The current system definately needs changing. It's original intent of protecting the small guy against the big corporation stealing his ideas has been turned around. Now the big companies simply out-lawyer you in court - their deeper pockets win. Patent are used as pre-emptive strikes and speculative submarines for future advantage. Prior and obvious art is ignored in the hope that no one will be able to afford a court battle.